Spousal maintenance may be awarded to either party based upon a number of factors including the prior standard of living of the parties, the present and future earning capacity of the parties, and the ability of the party seeking spousal maintenance to become self supporting. The duration of spousal maintenance awarded may be for a limited period of time, or for an indefinite period of time. New York has recently adopted, “Maintenance Guidelines” for temporary and post-judgment spousal support awards. A formula based on the parties’ respective income is utilized, with different formulas for a non-custodial spouse-payor who is paying child support and when there is no child support being also paid. The new guidelines also making recommendations as to the duration of the maintenance award based upon the length of the parties’ marriage.
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